Disclosure of evidence in Scottish criminal proceedings
Produced in partnership with Kevin Henry of Compass Chambers and Stephen O’Rourke QC of Terra Firma Chambers
Disclosure of evidence in Scottish criminal proceedings

The following Corporate Crime practice note produced in partnership with Kevin Henry of Compass Chambers and Stephen O’Rourke QC of Terra Firma Chambers provides comprehensive and up to date legal information covering:

  • Disclosure of evidence in Scottish criminal proceedings
  • Background
  • Criminal Justice and Licensing (Scotland) Act 2010
  • Information which must be disclosed
  • Information which does not require to be disclosed
  • Requests for further disclosure
  • Effect of a failure by the Crown to disclose evidence

Disclosure of evidence in Scottish criminal proceedings

Coronavirus (COVID-19): Scottish criminal procedure has been impacted by the COVID-19 pandemic. Practitioners should monitor the Coronavirus information and updates section of the Scottish Courts and Tribunals Service website and check for announcements relevant to the specific courts in which their matters are proceeding. Further information can also be found on our Coronavirus (COVID-19)—Scotland tracker, which contains an archive of news analysis on the impact of COVID-19 on the Scottish legal profession, divided into practice areas.

In Scotland, there is a duty on the Crown Office & Procurator Fiscal Service (COPFS) to disclose all material which it holds to the defence. This duty to disclose information applies to cases being prosecuted under both summary and solemn procedure. For an explanation of the criminal investigation and prosecution policy in Scotland, see Practice Note: An introduction to Scottish criminal procedure.

For an explanation of the criminal investigation and prosecution policy in Scotland, see Practice Note: An introduction to Scottish criminal procedure.

For information on summary procedure in Scottish criminal proceedings, see Practice Note: Summary procedure in Scottish criminal proceedings and Scottish summary criminal procedure—flowchart.

For information on solemn procedure in Scottish criminal proceedings, see Practice Note: Solemn procedure in Scottish criminal proceedings and Scottish solemn criminal procedure—flowchart.

Background

The Crown’s obligation to provide the defence with all material information which it holds stems from the accused’s

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